. 8. CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN New York, 18 December 1979 1. ENTRY INTO FORCE: 3 September 1981, in accordance with article 27(1). REGISTRATION: 3 September 1981, No. 20378. STATUS: Signatories: 98. Parties: 186. TEXT: United Nations, Treaty Series, vol. 1249, p. 13. Note: The Convention was opened for signature at the United Nations Headquarters on 1 March 1980. Participant Signature Ratification, Accession(a), Succession(d) Afghanistan... 14 Aug 1980 5 Mar 2003 Albania... 11 May 1994 a Algeria... 22 May 1996 a Andorra... 15 Jan 1997 a Angola... 17 Sep 1986 a Antigua and Barbuda... 1 Aug 1989 a Argentina... 17 Jul 1980 15 Jul 1985 Armenia... 13 Sep 1993 a Australia 2... 17 Jul 1980 28 Jul 1983 Austria 3... 17 Jul 1980 31 Mar 1982 Azerbaijan... 10 Jul 1995 a Bahamas... 6 Oct 1993 a Bahrain... 18 Jun 2002 a Bangladesh 4... 6 Nov 1984 a Barbados... 24 Jul 1980 16 Oct 1980 Belarus... 17 Jul 1980 4 Feb 1981 Belgium 5... 17 Jul 1980 10 Jul 1985 Belize... 7 Mar 1990 16 May 1990 Benin... 11 Nov 1981 12 Mar 1992 Bhutan... 17 Jul 1980 31 Aug 1981 Bolivia... 30 May 1980 8 Jun 1990 Bosnia and Herzegovina 6... 1 Sep 1993 d Botswana... 13 Aug 1996 a Brazil 7... 31 Mar 1981 1 Feb 1984 Brunei Darussalam... 24 May 2006 a Bulgaria 8... 17 Jul 1980 8 Feb 1982 Burkina Faso... 14 Oct 1987 a Burundi... 17 Jul 1980 8 Jan 1992 Cambodia 9,10... 17 Oct 1980 15 Oct 1992 a Cameroon... 6 Jun 1983 23 Aug 1994 Canada 11... 17 Jul 1980 10 Dec 1981 Cape Verde... 5 Dec 1980 a Central African Republic... 21 Jun 1991 a Participant Signature Ratification, Accession(a), Succession(d) Chad... 9 Jun 1995 a Chile... 17 Jul 1980 7 Dec 1989 China 12,13... 17 Jul 1980 4 Nov 1980 Colombia... 17 Jul 1980 19 Jan 1982 Comoros... 31 Oct 1994 a Congo... 29 Jul 1980 26 Jul 1982 Cook Islands 14... 11 Aug 2006 a Costa Rica... 17 Jul 1980 4 Apr 1986 Côte d'ivoire... 17 Jul 1980 18 Dec 1995 Croatia 6... 9 Sep 1992 d Cuba... 6 Mar 1980 17 Jul 1980 Cyprus 15... 23 Jul 1985 a Czech Republic 16... 22 Feb 1993 d Democratic People's Republic of Korea 17. 27 Feb 2001 a Democratic Republic of the Congo... 17 Jul 1980 17 Oct 1986 Denmark 18... 17 Jul 1980 21 Apr 1983 Djibouti... 2 Dec 1998 a Dominica... 15 Sep 1980 15 Sep 1980 Dominican Republic... 17 Jul 1980 2 Sep 1982 Ecuador... 17 Jul 1980 9 Nov 1981 Egypt 19... 16 Jul 1980 18 Sep 1981 El Salvador... 14 Nov 1980 19 Aug 1981 Equatorial Guinea... 23 Oct 1984 a Eritrea... 5 Sep 1995 a Estonia... 21 Oct 1991 a Ethiopia... 8 Jul 1980 10 Sep 1981 Fiji 20... 28 Aug 1995 a Finland... 17 Jul 1980 4 Sep 1986 France 21... 17 Jul 1980 14 Dec 1983 Gabon... 17 Jul 1980 21 Jan 1983 Gambia... 29 Jul 1980 16 Apr 1993 Georgia... 26 Oct 1994 a Germany 22,23,24... 17 Jul 1980 10 Jul 1985 IV 8. HUMAN RIGHTS 1
Participant Signature Ratification, Accession(a), Succession(d) Participant Signature Ratification, Accession(a), Succession(d) Ghana... 17 Jul 1980 2 Jan 1986 Greece... 2 Mar 1982 7 Jun 1983 Grenada... 17 Jul 1980 30 Aug 1990 Guatemala... 8 Jun 1981 12 Aug 1982 Guinea 25... 17 Jul 1980 9 Aug 1982 Guinea-Bissau... 17 Jul 1980 23 Aug 1985 Guyana... 17 Jul 1980 17 Jul 1980 Haiti... 17 Jul 1980 20 Jul 1981 Honduras... 11 Jun 1980 3 Mar 1983 Hungary 26... 6 Jun 1980 22 Dec 1980 Iceland... 24 Jul 1980 18 Jun 1985 India... 30 Jul 1980 9 Jul 1993 Indonesia... 29 Jul 1980 13 Sep 1984 Iraq... 13 Aug 1986 a Ireland 27... 23 Dec 1985 a Israel 28... 17 Jul 1980 3 Oct 1991 Italy... 17 Jul 1980 10 Jun 1985 Jamaica 29... 17 Jul 1980 19 Oct 1984 Japan... 17 Jul 1980 25 Jun 1985 Jordan... 3 Dec 1980 1 Jul 1992 Kazakhstan... 26 Aug 1998 a Kenya... 9 Mar 1984 a Kiribati... 17 Mar 2004 a Kuwait 30... 2 Sep 1994 a Kyrgyzstan... 10 Feb 1997 a Lao People's Democratic Republic... 17 Jul 1980 14 Aug 1981 Latvia... 14 Apr 1992 a Lebanon... 16 Apr 1997 a Lesotho 31... 17 Jul 1980 22 Aug 1995 Liberia... 17 Jul 1984 a Libyan Arab Jamahiriya 32... 16 May 1989 a Liechtenstein 33... 22 Dec 1995 a Lithuania... 18 Jan 1994 a Luxembourg... 17 Jul 1980 2 Feb 1989 Madagascar... 17 Jul 1980 17 Mar 1989 Malawi 34... 12 Mar 1987 a Malaysia 35... 5 Jul 1995 a Maldives 36... 1 Jul 1993 a Mali... 5 Feb 1985 10 Sep 1985 Malta... 8 Mar 1991 a Marshall Islands... 2 Mar 2006 a Mauritania 37... 10 May 2001 a Mauritius 38... 9 Jul 1984 a Mexico... 17 Jul 1980 23 Mar 1981 Micronesia (Federated States of)... 1 Sep 2004 a Monaco... 18 Mar 2005 a Mongolia 39... 17 Jul 1980 20 Jul 1981 Montenegro 40... 23 Oct 2006 d Morocco... 21 Jun 1993 a Mozambique... 21 Apr 1997 a Myanmar... 22 Jul 1997 a Namibia... 23 Nov 1992 a Nepal... 5 Feb 1991 22 Apr 1991 Netherlands 41... 17 Jul 1980 23 Jul 1991 New Zealand 42,43,44,45,46.. 17 Jul 1980 10 Jan 1985 Nicaragua... 17 Jul 1980 27 Oct 1981 Niger 47... 8 Oct 1999 a Nigeria... 23 Apr 1984 13 Jun 1985 Norway... 17 Jul 1980 21 May 1981 Oman... 7 Feb 2006 a Pakistan... 12 Mar 1996 a Panama... 26 Jun 1980 29 Oct 1981 Papua New Guinea... 12 Jan 1995 a Paraguay... 6 Apr 1987 a Peru... 23 Jul 1981 13 Sep 1982 Philippines... 15 Jul 1980 5 Aug 1981 Poland 48... 29 May 1980 30 Jul 1980 Portugal 12,49... 24 Apr 1980 30 Jul 1980 Qatar... 29 Apr 2009 a Republic of Korea 50... 25 May 1983 27 Dec 1984 Republic of Moldova... 1 Jul 1994 a Romania 51... 4 Sep 1980 7 Jan 1982 Russian Federation 52... 17 Jul 1980 23 Jan 1981 Rwanda... 1 May 1980 2 Mar 1981 Samoa... 25 Sep 1992 a San Marino... 26 Sep 2003 10 Dec 2003 Sao Tome and Principe. 31 Oct 1995 3 Jun 2003 Saudi Arabia... 7 Sep 2000 7 Sep 2000 Senegal... 29 Jul 1980 5 Feb 1985 Serbia 6... 12 Mar 2001 d Seychelles... 5 May 1992 a Sierra Leone... 21 Sep 1988 11 Nov 1988 Singapore 53... 5 Oct 1995 a Slovakia 16... 28 May 1993 d Slovenia 6... 6 Jul 1992 d IV 8. HUMAN RIGHTS 2
Participant Signature Ratification, Accession(a), Succession(d) Participant Signature Ratification, Accession(a), Succession(d) Solomon Islands... 6 May 2002 a South Africa... 29 Jan 1993 15 Dec 1995 Spain... 17 Jul 1980 5 Jan 1984 Sri Lanka... 17 Jul 1980 5 Oct 1981 St. Kitts and Nevis... 25 Apr 1985 a St. Lucia... 8 Oct 1982 a St. Vincent and the Grenadines... 4 Aug 1981 a Suriname... 1 Mar 1993 a Swaziland... 26 Mar 2004 a Sweden 54,55... 7 Mar 1980 2 Jul 1980 Switzerland 56... 23 Jan 1987 27 Mar 1997 Syrian Arab Republic... 28 Mar 2003 a Tajikistan... 26 Oct 1993 a Thailand 57... 9 Aug 1985 a The former Yugoslav Republic of Macedonia 6... 18 Jan 1994 d Timor-Leste... 16 Apr 2003 a Togo... 26 Sep 1983 a Trinidad and Tobago... 27 Jun 1985 12 Jan 1990 Tunisia... 24 Jul 1980 20 Sep 1985 Turkey... 20 Dec 1985 a Turkmenistan... 1 May 1997 a Tuvalu... 6 Oct 1999 a Uganda... 30 Jul 1980 22 Jul 1985 Ukraine... 17 Jul 1980 12 Mar 1981 United Arab Emirates 58. 6 Oct 2004 a United Kingdom of Great Britain and Northern Ireland 13,59,60,61... 22 Jul 1981 7 Apr 1986 United Republic of Tanzania... 17 Jul 1980 20 Aug 1985 United States of America... 17 Jul 1980 Uruguay... 30 Mar 1981 9 Oct 1981 Uzbekistan... 19 Jul 1995 a Vanuatu... 8 Sep 1995 a Venezuela (Bolivarian Republic of)... 17 Jul 1980 2 May 1983 Viet Nam... 29 Jul 1980 17 Feb 1982 Yemen 62... 30 May 1984 a Zambia... 17 Jul 1980 21 Jun 1985 Zimbabwe... 13 May 1991 a Declarations and Reservations (Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.) ALGERIA 63 Reservations: Article 2: The Government of the People's Democratic Republic of Algeria declares that it is prepared to apply the provisions of this article on condition that they do not conflict with the provisions of the Algerian Family Code. Article 9, paragraph 2: The Government of the People's Democratic Republic of Algeria wishes to express its reservations concerning the provisions of article 9, paragraph 2, which are incompatible with the provisions of the Algerian Nationality code and the Algerian Family Code. The Algerian Nationality code allows a child to take the nationality of the mother only when: - the father is either unknown or stateless; - the child is born in Algeria to an Algerian mother and a foreign father who was born in Algeria; - moreover, a child born in Algeria to an Algerian mother and a foreign father who was not born on Algerian territory may, under article 26 of the Algerian Nationality Code, acquire the nationality of the mother providing the Ministry of Justice does not object. Article 41 of the Algerian Family Code states that a child is affiliated to its father through legal marriage. Article 43 of that Code states that `the child is affiliated to its father if it is born in the 10 months following the date of separation or death'. Article 15, paragraph 4: The Government of the People's Democratic Republic of Algeria declares that the provisions of article 15, paragraph 4, concerning the right of women to choose their residence and domicile should not be interpreted in such a manner as to contradict the provisions of chapter 4 (art. 37) of the Algerian Family Code. Article 16: The Government of the People's Democratic Republic of Algeria declares that the provisions of article 16concerning equal rights for men and women in all matters relating to marriage, both during marriage and at its dissolution, should not contradict the provisions of the Algerian Family Code. Article 29: The Government of the People's Democratic Republic of Algeria does not consider itself bound by article 29, paragraph 1, which states that any dispute between two or more Parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice. The Government of the People's Democratic Republic of Algeria holds that no such dispute can be submitted to IV 8. HUMAN RIGHTS 3
arbitration or to the Court of International Justice except with the consent of all the parties to the dispute. ARGENTINA Reservation: The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Discrimination against Women. AUSTRALIA 2 Reservations: "The Government of Australia states that maternity leave with pay is provided in respect of most women employed by the Commonwealth Government and the Governments of New South Wales and Victoria. Unpaid maternity leave is provided in respect of all other women employed in the State of New South Wales and elsewhere to women employed under Federal and some State industrial awards. Social Security benefits subject to income tests are available to women who are sole parents. "The Government of Australia advises that it is not at present in a position to take the measures required by article 11 (2) to introduce maternity leave with pay or with comparable social benefits throughout Australia.... Declaration: "Australia has a Federal Constitutional System in which Legislative, Executive and Judicial Powers are shared or distributed between the Commonwealth and the Constituent States. The implementation of the Treaty throughout Australia will be effected by the Commonwealth State and Territory Authorities having regard to their respective constitutional powers and arrangements concerning their exercise." 30 August 2000 Reservation: The Government of Australia advises that it does not accept the application of the Convention in so far as it would require alteration of Defence Force policy which excludes women from combat duties. AUSTRIA 3 Reservation: Austria reserves its right to apply the provision of Article 11, as far as special protection of working women is concerned within the limits established by national legislation." BAHAMAS Reservations: "The Government of the Commonwealth of the Bahamas does not consider itself bound by the provisions of article 2(a),... article 9, paragraph 2,... article 16(h),... [and] article 29, paragraph 1, of the BAHRAIN Reservations:... the Kingdom of Bahrain makes reservations with respect to the following provisions of the Convention: - Article 2, in order to ensure its implementation within the bounds of the provisions of the Islamic Shariah; - Article 9, paragraph 2; - Article 15, paragraph 4; - Article 16, in so far as it is incompatible with the provisions of the Islamic Shariah; - Article 29, paragraph 1. BANGLADESH 4 "The Government of the People's Republic of Bangladesh does not consider as binding upon itself the provisions of article 2, [... and...] 16 (1) (c) as they conflict with Sharia law based on Holy Quran and Sunna." BELARUS 52 BELGIUM 5 BRAZIL 7 Reservation made upon signature and confirmed upon ratification: "... Brazil does not consider itself bound by article 29, paragraph 1, of the above-mentioned " BRUNEI DARUSSALAM Reservations: "The Government of Brunei Darussalam expresses its reservations regarding those provisions of the said Convention that may be contrary to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam, the official religion of Brunei Darussalam and, without prejudice to the generality of the said reservations, expresses its reservations regarding paragraph 2 of Article 9 and paragraph 1 of Article 29 of the " BULGARIA 8 CANADA 11 CHILE Upon signature: Declaration: The Government of Chile has signed this Convention on the Elimination of All Forms of Discrimination Against Women, mindful of the important step which this document represents, not only in terms of the elimination of all forms of discrimination against women, but also in terms of their full and permanent integration into society in conditions of equality. The Government is obliged to state, however, that some of the provisions of the Convention are not entirely compatible with current Chilean legislation. At the same time, it reports the establishment of a Commission for the Study and Reform of the Civil Code, which now has before it various proposals to amend, inter alia, those provisions which are not fully consistent with the terms of the CHINA Declaration made upon signature and confirmed upon ratification: The People's Republic of China does not consider itself bound by paragraph 1 of article 29 of the COOK ISLANDS 14 CUBA Reservation: The Government of the Republic of Cuba makes a specific reservation concerning the provisions of article 29 of the Convention inasmuch as it holds that any disputes that may arise between States Parties should be resolved through direct negotiations through the diplomatic channel. IV 8. HUMAN RIGHTS 4
CYPRUS 15 CZECH REPUBLIC 16 DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA 17 Reservations: The Government of the Democratic People s Republic of Korea does not consider itself bound by the provisions of paragraph (f) of article 2, paragraph 2 of article 9 and paragraph 1 of article 29 of [the Convention]. EGYPT 19 Reservations made upon signature and confirmed upon ratification: [...] In respect of article 16 Reservation to the text of article 16 concerning the equality of men and women in all matters relating to marriage and family relations during the marriage and upon its dissolution, without prejudice to the Islamic Sharia's provisions whereby women are accorded rights equivalent to those of their spouses so as to ensure a just balance between them. This is out of respect for the sacrosanct nature of the firm religious beliefs which govern marital relations in Egypt and which may not be called in question and in view of the fact that one of the most important bases of these relations is an equivalency of rights and duties so as to ensure complementary which guarantees true equality between the spouses. The provisions of the Sharia lay down that the husband shall pay bridal money to the wife and maintain her fully and shall also make a payment to her upon divorce, whereas the wife retains full rights over her property and is not obliged to spend anything on her keep. The Sharia therefore restricts the wife's rights to divorce by making it contingent on ajudge's ruling, whereas no such restriction is laid down in the case of the husband. In respect of article 29 The Egyptian delegation also maintains the reservation contained in article 29, paragraph 2, concerning the right of a State signatory to the Convention to declare that it does not consider itself bound by paragraph 1 of that article concerning the submission to an arbitral body of any dispute which may arise between States concerning the interpretation or application of the This is in order to avoid being bound by the system ofarbitration in this field. Reservation made upon ratification: General reservation on article 2 The Arab Republic of Egypt is willing to comply with the content of this article, provided that such compliance does not run counter to the Islamic Sharia. EL SALVADOR Upon signature: Upon ratification of the Convention, the Government of El Salvador will make the reservation provided for in article 29. Upon ratification: Reservation: With reservation as to the application of the provision of article 29, paragraph 1. ETHIOPIA Reservation: Socialist Ethiopia does not consider itself bound by paragraph 1 of article 29 of the FIJI 20 FRANCE 21 Upon signature: The Government of the French Republic declares that article 9 of the Convention must not be interpreted as precluding the application of the second paragraph of article 96 of the code of French nationality. [All other declarations and reservations were confirmed in substance upon ratification.] Upon ratification: Declarations: The Government of the French Republic declares that the preamble to the Convention in particular the eleventh preambular paragraph contains debatable elements which are definitely out of place in this text. The Government of the French Republic declares that the term "family education" in article 5 (b) of the Convention must be interpreted as meaning public education concerning the family and that, in any event, article 5 will be applied subject to respect for article 17 of the International Covenant on Civil and Political Rights and article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Government of the French Republic declares that no provision of the Convention must be interpreted as prevailing over provisions of French legislation which are more favourable to women than to men. Reservations:... Article 14 1. The Government of the French Republic declares that article 14, paragraph 2 (c), should be interpreted as guaranteeing that women who fulfil the conditions relating to family or employment required by French legislation for personal participation shall acquire their own rights within the framework of social security. 2. The Government of the French Republic declares that article 14, paragraph 2 (h), of the Convention should not be interpreted as implying the actual provision, free of charge, of the services mentioned in that paragraph. Article 16 1 (g) The Government of the French Republic enters a reservation concerning the right to choose a family namementioned in article 16, paragraph 1 (g), of the Article 29 The Government of the French Republic declares, in pursuance of article 29, paragraph 2, of the Convention, that it will not be bound by the provisions of article 29, paragraph 1. GERMANY 22,23 Declaration: The right of peoples to self-determination, as enshrined in the Charter of the United Nations and in the International Covenants of 19 December 1966, applies to all peoples and not only to those living 'under alien and colonial domination and foreign occupation'. All peoples thus have the inalienable right freely to determine their political status and freely to pursue their economic, social and cultural development. The Federal Republic of Germany would be unable to recognize as legally valid an interpretation of the right to self-determination which contradicts the unequivocal wording of the Charter of the United Nations and of the two International Covenants of 19 December 1966 on Civil and Political Rights and on Economic, Social and Cultural Rights. It will interpret the 11th paragraph of the Preamble accordingly. IV 8. HUMAN RIGHTS 5
HUNGARY 26 INDIA Declarations and reservations made upon signature and confirmed upon ratification: Declarations: "i) With regard to articles 5 (a) and 16 (1) of the Discrimination Against Women, the Government of the Republic of India declares that it shall abide by and ensure these provisions in conformity with its policy of non-interference in the personal affairs of any Community without its initiative and consent. "ii) With regard to article 16 (2) of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that though in principle it fully supports the principle of compulsory registration of marriages, it is not practical in a vast country like India with its variety of customs, religions and level of literacy." Reservation: "With regard to article 29 of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of this article." INDONESIA "The Government of the Republic of Indonesia does not consider itself bound by the provisions of article 29, paragraph 1 of this Convention and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute." IRAQ 28 Reservations: 1. Approval of and accession to this Convention shall not mean that the Republic of Iraq is bound by the provisions of article 2, paragraphs (f) and (g), of article 9, paragraphs 1 and 2, nor of article 16 of the The reservation to this last-mentioned article shall be without prejudice to the provisions of the Islamic Shariah according women rights equivalent to the rights of their spouses so as to ensure a just balance between them. Iraq also enters a reservation to article 29, paragraph 1, of this Convention with regard to the principle of international arbitration in connection with the interpretation or application of this 2. This approval in no way implies recognition of or entry into any relations with Israel. IRELAND 27 Reservations:... Articles 16, 1 (d) and (f) Ireland is of the view that the attainment in Ireland of the objectives of the Convention does not necessitate the extension to men of rights identical to those accorded by law to women in respect of the guardianship, adoption and custody of children born out of wedlock and reserves the right to implement the Convention subject to that understanding. Articles 11 (1) and 13 (a) Ireland reserves the right to regard the Anti- Discrimination (Pay) Act, 1974 and the Employment Equality Act 1977 and other measures taken in implementation of the European Economic Community standards concerning employment opportunities and pay as sufficient implementation of articles 11,1 (b), (c) and (d). Ireland reserves the right for the time being to maintain provisions of Irish legislation in the area of social security which are more favourable to women than men. ISRAEL Reservations: "1. The State of Israel hereby expresses its reservation with regard to article 7 (b) of the Convention concerning the appointment of women to serve as judges of religious courts where this is prohibited by the laws of any of the religious communities in Israel. Otherwise, the said article is fully implemented in Israel, in view of the fact that women take a prominent part in all aspect of public life. "2. The State of Israel hereby expresses its reservation with regard to article 16 of the Convention, to the extent that the laws on personal status which are binding on the various religious communities in Israel do not conform with the provisions of that article." Declaration: "3. In accordance with paragraph 2 of article 29 of the Convention, the State of Israel hereby declares that it does not consider itself bound by paragraph 1 of that article." ITALY Upon signature: Reservation: Italy reserves the right to exercise, when depositing the instrument of ratification, the option provided for in article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969. JAMAICA 29 The Government of Jamaica declares that it does not consider itself bound by the provisions of article 29, paragraph 1, of the " JORDAN Declaration made upon signature and confirmed upon ratification: Jordan does not consider itself bound by the following provisions: 1. Article 9, paragraph 2; 2. Article 15, paragraph 4 (a wife's residence is with her husband); 3. Article 16, paragraph (1) (c), relating to the rights arising upon the dissolution of marriage with regard to maintenance and compensation; 4. Article 16, paragraph (1) (d) and (g). KUWAIT 30,64 Reservations:... 2. Article 9, paragraph 2 The Government of Kuwait reserves its right not to implement the provision contained in article 9, paragraph 2, of the Convention, inasmuch as it runs counter to the Kuwaiti Nationality Act, which stipulates that a child's nationality shall be determined by that of his father. 3. Article 16 (f) The Government of the State of Kuwait declares that it does not consider itself bound by the provision contained in article 16 (f) inasmuch as it conflicts with the provisions of the Islamic Shariah, Islam being the official religion of the State. IV 8. HUMAN RIGHTS 6
4. The Government of Kuwait declares that it is not bound by the provision contained in article 29, paragraph 1. LEBANON 18 Reservations: The Government of the Lebanese Republic enters reservations regarding article 9 (2), and article 16 (1) (c) (d) (f) and (g) (regarding the right to choose a family name). In accordance with paragraph 2 of article 29, the Government of the Lebanese Republic declares that it does not consider itself bound by the provisions of paragraph 1 of that article. LESOTHO 30,31 Reservation: "The Government of the Kingdom of Lesotho declares that it does not consider itself bound by article 2 to the extent that it conflicts with Lesotho's constitutional stipulations relative to succession to the throne of the Kingdom of Lesotho and law relating to succession to chieftainship. LIBYAN ARAB JAMAHIRIYA 32 Reservation: 1. Article 2 of the Convention shall be implemented with due regard for the peremptory norms of the Islamic Shariah relating to determination of the inheritance portions of the estate of a deceased person, whether female or male. 2. The implementation of paragraph 16 (c) and (d) of the Convention shall be without prejudice to any of the rights guaranteed to women by the Islamic Shariah. LIECHTENSTEIN 33 Reservation concerning article 1: "In the light of the definition given in article 1 of the Convention, the Principality of Liechtenstein reserves the right to apply, with respect to all the obligations of the Convention, article 3 of the Liechtenstein Constitution." LUXEMBOURG 65 MALAWI 34 MALAYSIA 30,35,54 Reservations: The Government of Malaysia declares that Malaysia's accession is subject to the understanding that the provisions of the Convention do not conflict with the provisions of the Islamic Sharia' law and the Federal Constitution of Malaysia. With regards thereto, further, the Government of Malaysia does not consider itself bound by the provisions of articles 5 (a) and 7 (b) of the aforesaid In relation to article 11, Malaysia interprets the provisions of this article as a reference to the prohibition of discrimination on the basis of equality between men and women only. MALDIVES 30,36 23 June 1999 Reservations: 1. The Government of the Republic of Maldives expresses its reservation to article 7 (a) of the Convention, to the extent that the provision contained in the said paragraph conflicts with the provision of article 34 of the Constitution of the Republic of Maldives. 2. The Government of the Republic of Maldives reserves its right to apply article 16 of the Convention concerning the equality of men and women in all matters relating to marriage and family relations without prejudice to the provisions of the Islamic Sharia, which govern all marital and family relations of the 100 percent Muslim population of the Maldives." MALTA Reservations: "A. Article 11 The Government of Malta interprets paragraph 1 of article II, in the light of provisions of paragraph 2 of article 4, as not precluding prohibitions, restrictions, or conditions on the employment of women in certain areas, or the work done by them, where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Malta. "B. Article 13 (i) The Government of Malta reserves the right, notwithstanding anything in the Convention, to continue to apply its tax legislation which deems, in certain circumstances, the income of a married woman to be the income of her husband and taxable as such. (ii) The Government of Malta reserves the right to continue to apply its social security legislation which in certain circumstances makes certain benefits payable to the head of the household which is, by such legislation, presumed to be the husband. "C. Articles 13, 15, 16 While the Government of Malta is committed to remove, in as far as possible, all aspects of family and property law which may be considered as discriminatory to females, it reserves the right to continue to apply present legislation in that regard until such time as the law is reformed and during such transitory period until those laws are completely superseded. "D. Article 16 The Government of Malta does not consider itself bound by sub-paragraph (e) of paragraph (1) of article 16 in so far as the same may be interpreted as imposing an obligation on Malta to legalize abortion." MAURITANIA 37 Reservation: Having seen and examined the United Nations Discrimination against Women, adopted by the United Nations General Assembly on 18 December 1979, have approved and do approve it in each and every one of its parts which are not contrary to Islamic Sharia and are in accordance with our Constitution. MAURITIUS 38 Reservation: "The Government of Mauritius does not consider itself bound by paragraph 1 of article 29 of the Convention, in pursuance of paragraph 2 of article 29." MEXICO Upon signature: Declaration: In signing ad referendum the Convention on the Elimination of All Forms of Discrimination Against Women, which the General Assembly opened for signature by States on 18 December 1979, the Government of the United Mexican States wishes to place on record that it is doing so on the understanding that the provisions of the said Convention, which agree in all IV 8. HUMAN RIGHTS 7
essentials with the provisions of Mexican legislation, will be applied in Mexico in accordance with the modalities and procedures prescribed by Mexican legislation and that the granting of material benefits in pursuance of the Convention will be as generous as the resources available to the Mexican State permit. MICRONESIA (FEDERATED STATES OF) 66 Reservations: "1. The Government of the Federated States of Micronesia advises that it is not at present in a position to take the measures either required by Article 11 (1) (d) of the Convention to enact comparable worth legislation, or by Article 11 (2) (b) to enact maternity leave with pay or with comparable social benefits throughout the nation; 2. The Government of the Federated States of Micronesia, in its capacity as trustee of the heritage of diversity within its States under Article V of its Constitution, reserves the right not to apply the provisions of Articles 2 (f), 5, and 16 to the succession of certain well-established traditional titles, and to marital customs that divide tasks or decision-making in purely voluntary or consensual private conduct; and 3. The Government of the Federated States of Micronesia does not consider itself bound by the provisions of Article 29 (1) of the Convention, and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all parties to the dispute." MONACO Declarations: 1. The implementation of the Convention on the Elimination of All Forms of Discrimination Against Women does not affect the validity of conventions concluded with France. 2. The Principality of Monaco deems that the aims of the Convention are to eliminate all forms of discrimination against women and to guarantee every individual, irrespective of gender, equality before the law, when the aforementioned aims are in line with the principles stipulated in the Constitution. 3. The Principality of Monaco declares that no provision in the Convention can be interpreted as impeding the provisions of the laws and regulations of Monaco that are more favourable to women than to men. Reservations: 1. The ratification of the Convention by the Principality of Monaco shall have no effect on the constitutional provisions governing the succession to the throne. 2. The Principality of Monaco reserves the right not to apply the provisions of Article 7, paragraph b, of the Convention regarding recruitment to the police force. 3. The Principality of Monaco does not consider itself bound by the provisions of Article 9 which are not compatible with its nationality laws. 4. The Principality of Monaco does not consider itself bound by Article 16, paragraph 1 (g), regarding the right to choose one's surname. 5. The Principality of Monaco does not consider itself bound by Article 16, paragraph 1 (e), to the extent that the latter can be interpreted as forcing the legalization of abortion or sterilization. 6. The Principality of Monaco reserves the right to continue to apply its social security laws which, in certain circumstances, envisage the payment of certain benefits to the head of the household who, according to this legislation, is presumed to be the husband. 7. The Principality of Monaco declares, in conformity with the provisions of Article 29, paragraph 2, that it does not consider itself bound by the provisions of the first paragraph of this article. MONGOLIA 39 MOROCCO Declarations: 1. With regard to article 2: The Government of the Kingdom of Morocco express its readiness to apply the provisions of this article provided that: - They are without prejudice to the constitutional requirement that regulate the rules of succession to the throne of the Kingdom of Morocco; - They do not conflict with the provisions of the Islamic Shariah. It should be noted that certain of the provisions contained in the Moroccan Code of Personal Status according women rights that differ from the rights conferred on men may not be infringed upon or abrogated because they derive primarily from the Islamic Shariah, which strives, among its other objectives, to strike a balance between the spouses in order to preserve the coherence of family life. 2. With regard to article 15, paragraph 4: The Government of the Kingdom of Morocco declares that it can only be bound by the provisions of this paragraph, in particular those relating to the right of women to choose their residence and domicile, to the extent that they are not incompatible with articles 34 and 36 of the Moroccan Code of Personal Status. Reservations: 1. With regard to article 9, paragraph 2: The Government of the Kingdom of Morocco makes a reservation with regard to this article in view of the fact that the Law of Moroccan Nationality permits a child to bear the nationality of its mother only in the cases where it is born to an unknown father, regardless of place of birth, or to a stateless father, when born in Morocco, and it does so in order to guarantee to each child its right to a nationality. Further, a child born in Morocco of a Moroccan mother and a foreign father may acquire the nationality of its mother bydeclaring, within two years of reaching the age of majority, its desire to acquire that nationality, provided that, on making such declaration, its customary and regular residence is in Morocco. 2. With regard to article 16: The Government of the Kingdom of Morocco makes a reservation with regard to the provisions of this article, particularly those relating to the equality of men and women, in respect of rights and responsibilities on entry into and at dissolution of marriage. Equality of this kind is considered incompatible with the Islamic Shariah, which guarantees to each of the spouses rights and responsibilities within a framework of equilibrium and complementary in order to preserve the sacred bond of matrimony. The provisions of the Islamic Shariah oblige the husband to provide a nuptial gift upon marriage and to support his family, while the wife is not required by law to support the family. Further, at dissolution of marriage, the husband is obliged to pay maintenance. In contrast, the wife enjoys complete freedom of disposition of her property during the marriage and upon its dissolution without supervision by the husband, the husband having no jurisdiction over his wife's property. For these reasons, the Islamic Shariah confers the right of divorce on a woman only by decision of a Shariah judge. 3. With regard to article 29: The Government of the Kingdom of Morocco does not consider itself bound by the first paragraph of this article, which provides that Any dispute between two or more States Parties concerning the interpretation or application IV 8. HUMAN RIGHTS 8
of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. The Government of the Kingdom of Morocco is ofthe view that any dispute of this kind can only be referred to arbitration by agreement of all the parties to the dispute. MYANMAR Reservation: Article 29 "[The Government of Myanmar] does not consider itself bound by the provision set forth in the said article." NETHERLANDS Declaration: "During the preparatory stages of the present Convention and in the course of debates on it in the General Assembly the position of the Government of the Kingdom of the Netherlands was that it was not desirable to introduce political considerations such as those contained in paragraphs 10 and 11 of the preamble in a legal instrument of this nature. Moreover, the considerations are not directly related to the achievement of total equality between men and women. The Government of the Kingdom of the Netherlands considers that it must recall its objections to the said paragraphs in the preamble at this occasion." NEW ZEALAND 42,43,44 Reservation:... "The Government of the Cook Islands reserves the right not to apply article 2 (f) and article 5 (a) to the extent that the customs governing the inheritance of certain Cook Islands chief titles may be inconsistent with those provisions." NIGER 47 Reservations: Article 2, paragraphs (d) and (f) The Government of the Republic of the Niger expresses reservations with regard to article 2, paragraphs (d) and (f), concerning the taking of all appropriate measures to abolish all customs and practices which constitute discrimination against women, particularly in respect of succession. Article 5, paragraph (a) The Government of the Republic of the Niger expresses reservations with regard to the modification of social and cultural patterns of conduct of men and women. Article 15, paragraph 4 The Government of the Republic of the Niger declares that it can be bound by the provisions of this paragraph, particularly those concerning the right of women to choose their residence and domicile, only to the extent that these provisions refer only to unmarried women. Article 16, paragraph 1 (c), (e) and (g) The Government of the Republic of the Niger expresses reservations concerning the above-referenced provisions of article 16, particularly those concerning the same rights and responsibilities during marriage and at its dissolution, the same rights to decide freely and responsibly on the number and spacing of their children, and the right to choose a family name. The Government of the Republic of the Niger declares that the provisions of article 2, paragraphs (d) and (f), article 5, paragraphs (a) and (b), article 15, paragraph 4, and article 16, paragraph 1 (c), (e) and (g), concerning family relations, cannot be applied immediately, as they are contrary to existing customs and practices which, by their nature, can be modified only with the passage of time and the evolution of society and cannot, therefore, be abolished by an act of authority. Article 29 The Government of the Republic of the Niger expresses a reservation concerning article 29, paragraph 1, which provides that any dispute between two or more States concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. In the view of the Government of the Niger, a dispute of this nature can be submitted to arbitration only with the consent of all the parties to the dispute. Declaration The Government of the Republic of the Niger declares that the term "family education" which appears in article 5, paragraph (b), of the Convention should be interpreted as referring to public education concerning the family, and that in any event, article 5 would be applied in compliance with article 17 of the International Covenant on Civil and Political Rights. OMAN Reservations: 1. All provisions of the Convention not in accordance with the provisions of the Islamic sharia and legislation in force in the Sultanate of Oman; 2. Article 9, paragraph 2, which provides that States Parties shall grant women equal rights with men with respect to the nationality of their children; 3. Article 15, paragraph 4, which provides that States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile; 4. Article 16, regarding the equality of men and women, and in particular subparagraphs (a), (c), and (f) (regarding adoption). 5. The Sultanate is not bound by article 29, paragraph 1, regarding arbitration and the referral to the International Court of Justice of any dispute between two or more States which is not settled by negotiation. PAKISTAN 30,49,55 Declaration: "The accession by [the] Government of the Islamic Republic of Pakistan to the [said Convention] is subject to the provisions of the Constitution of the Islamic Republic of Pakistan." Reservation: "The Government of the Islamic Republic of Pakistan declares that it does not consider itself bound by paragraph 1 of article 29 of the " POLAND 48 REPUBLIC OF KOREA 50 Upon signature: Reservation: "1. The Government of the Republic of Korea does not consider itself bound by the provisions of article 9 of the Discrimination against Women of 1979. "2. Bearing in mind the fundamental principles as embodied in the said Convention, the Government of the Republic of Korea has recently established the Korea Women's welfare and social activities. A committee under the chairmanship of the prime minister will shortly be set up to consider and coordinate overall policies on women. "3. The Government of the Republic of Korea will make continued efforts to take further measures in line with the provisions stipulated in the " IV 8. HUMAN RIGHTS 9
Upon ratification: Reservation: "The Government of the Republic of Korea, having examined the said Convention, hereby ratifies the Convention considering itself not bound by the provisions of [...] sub-paragraph [...] (g) of paragraph 1 of Article 16 of the " ROMANIA 51 RUSSIAN FEDERATION 52 SAUDI ARABIA Reservations: 1. In case of contradiction between any term of the Convention and the norms of islamic law, the Kingdom is not under obligation to observe the contradictory terms of the 2. The Kingdom does not consider itself bound by paragraphe 2 of article 9 of the Convention and paragraph 1 of article 29 of the SINGAPORE 30,53,55 Reservations: (1) In the context of Singapore's multi-racial and multi-religious society and the need to respect the freedom of minorities to practise their religious and personal laws, the Republic of Singapore reserves the right not to apply the provisions of articles 2 and 16 where compliance with these provisions would be contrary to their religious or personal laws. (2) [...] (3) Singapore interprets article 11, paragraph 1 in the light of the provisions of article 4, paragraph 2 as not precluding prohibitions, restrictions or conditions on the employment of women in certain areas, or on work done by them where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Singapore and considers that legislation in respect of article 11 is unnecessary for the minority of women who do not fall within the ambit of Singapore's employmentlegislation. (4) The Republic of Singapore declares, in pursuance of article 29, paragraph 2 of the Convention that it will not be bound by the provisions of article 29, paragraph 1. SLOVAKIA 16 SPAIN Declaration: The ratification of the Convention by Spain shall not affect the constitutional provisions concerning succession to the Spanish crown. SWITZERLAND 56... (b) Reservation concerning article 16, paragraph 1 (g): Said provision shall be applied subject to the regulations on family name (Civil Code, article 160 and article 8 (a), final section); (c) Reservation concerning article 15, paragraph 2, and article 16, paragraph 1 (h): Said provisions shall be applied subject to several interim provisions of the matrimonial regime (Civil Code, articles 9 (e) and 10, final section). SYRIAN ARAB REPUBLIC Reservation:... subject to reservations to article 2; article 9, paragraph 2, concerning the grant of a woman's nationality to her children; article 15, paragraph 4, concerning freedom of movement and of residence and domicile; article 16, paragraph 1 (c), (d), (f) and (g), concerning equal rights and responsibilities during marriage and at its dissolution with regard to guardianship, the right to choose a family name, maintenance and adoption; article 16, paragraph 2, concerning the legal effect of the betrothal and the marriage of a child, inasmuch as this provision is incompatible with the provisions of the Islamic Shariah; and article 29, paragraph 1, concerning arbitration between States in the event of a dispute. The accession of the Syrian Arab Republic to this Convention shall in no way signify recognition of Israel or entail entry into any dealings with Israel in the context of the provisions of the. THAILAND 57 Declaration: The Royal Thai Government wishes to express its understanding that the purposes of the Convention are to eliminate discrimination against women and to accord to every person, men and women alike, equality before the law, and are in accordance with the principles prescribed by the Constitution of the Kingdom of Thailand. Reservations:... 3. The Royal Thai Government does not consider itself bound by the provisions of [...] article 16 and article 29, paragraph 1, of the TRINIDAD AND TOBAGO Reservation made upon signature and confirmed upon ratification: "The Republic of Trinidad and Tobago declares that it does not consider itself bound by article 29 (1) of the said Convention, relating to the settlement of disputes." TUNISIA 1. General declaration: The Tunisian Government declares that it shall not take any organizational or legislative decision in conformity with the requirements of this Convention where such a decision would conflict with the provisions of chapter I of the Tunisian Constitution. 2. Reservation concerning article 9, paragraph 2: The Tunisian Government expresses its reservation with regard to the provisions in article 9, paragraph 2 of the Convention, which must not conflict with the provisions of chapter VI of the Tunisian Nationality Code. 3. Reservation concerning article 16, paragraphs (c), (d), (f), (g) and (h): The Tunisian Government considers itself not bound by article 16, paragraphs (c), (d) and (f) of the Convention and declares that paragraphs (g) and (h) of that article must not conflict with the provisions of the Personal Status Code concerning the granting of family names to children and the acquisition of property through inheritance. 4. Reservation concerning article 29, paragraph 1: The Tunisian Government declares, in conformity with the requirements of article 29, paragraph 2 of the Convention, that it shall not be bound by the provisions of paragraph 1 of that article which specify that any dispute IV 8. HUMAN RIGHTS 10
between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall be referred to the International Court of Justice at the request of any one of those parties. The Tunisian Government considers that such disputes should be submitted for arbitration or consideration by the International Court of Justice only with the consent of all parties to the dispute. 5. Declaration concerning article 15, paragraph4: In accordance with the provisions of the Vienna Convention on the Law of Treaties, dated 23 May 1969, the Tunisian Government emphasizes that the requirements of article 15, paragraph 4, of t Convention on the Elimination of All forms of Discrimination against Women, and particularly that part relating to the right of women to choose their residence and domicile, must not be interpreted in a manner which conflicts with the provisions of the Personal Status Code on this subject, as set forth in chapters 23 and 61 of the Code. TURKEY 67 Reservations: " With respect to article 29, paragraph 1 In pursuance of article 29, paragraph 2 of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by paragraph 1 of this article." [...] UKRAINE 52 UNITED ARAB EMIRATES 58 Reservations: The United Arab Emirates makes reservations to articles 2 (f), 9, 15 (2), 16 and 29 (1) of the Convention, as follows: Article 2 (f) The United Arab Emirates, being of the opinion that this paragraph violates the rules of inheritance established in accordance with the precepts of the Shariah, makes a reservation thereto and does not consider itself bound by the provisions thereof. Article 9 The United Arab Emirates, considering the acquisition of nationality an internal matter which is governed, and the conditions and controls of which are established, by national legislation makes a reservation to this article and does not consider itself bound by the provisions thereof. Article 15 (2) The United Arab Emirates, considering this paragraph in conflict with the precepts of the Shariah regarding legal capacity, testimony and the right to conclude contracts, makes a reservation to the said paragraph of the said article and does not consider itself bound by the provisions thereof. Article 16 The United Arab Emirates will abide by the provisions of this article insofar as they are not in conflict with the principles of the Shariah. The United Arab Emirates considers that the payment of a dower and of support after divorce is an obligation of the husband, and the husband has the right to divorce, just as the wife has her independent financial security and her full rights to her property and is not required to pay her husband's or her own expenses out of her own property. The Shariah makes a woman's right to divorce conditional on a judicial decision, in a case in which she has been harmed. Article 29 (1) The United Arab Emirates appreciates and respects the functions of this article, which provides: "Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months...e parties are unable..." [any one of those parties] "may refer the dispute to the International Court of Justice..." This article, however, violates the general principle that matters are submitted to an arbitration panel by agreement between the parties. In addition, it might provide an opening for certain States to bring other States to trial in defence of their nationals; the case might then be referred to the committee charged with discussing the State reports required by the Convention and a decision might be handed down against the State in question for violating the provisions of the For these reasons the United Arab Emirates makes a reservation to this article and does not consider itself bound by the provisions thereof. UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 59,60 Upon signature: "The Government of the United Kingdom of Great Britain and Northern Ireland declare that it is their intention to make certain reservations and declarations upon ratification of the Upon ratification: "A. On behalf of the United Kingdom of Great Britain and Northern Ireland: (a) The United Kingdom understands the main purpose of the Convention, in the light of the definition contained in Article 1, to be the reduction, in accordance with its terms, of discrimination against women, and does not therefore regard the Convention as imposing any requirement to repeal or modify any existing laws, regulations, customs or practices which provide for women to be treated more favourably than men, whether temporarily or in the longer term; the United Kingdom's undertakings under Article 4, paragraph 1, and other provisions of the Convention are to be construed accordingly."... (c) In the light of the definition contained in Article 1, the United Kingdom's ratification is subject to the understanding that none of its obligations under the Convention shall be treated as extending to the succession to, or possession and enjoyment of, the Throne, the peerage, titles of honour, social precedence or armorial bearings, or as extending to the affairs of religious denominations or orders or any act done for the purpose of ensuring the combat effectiveness of the Armed Forces of the Crown."... "Article 9 The British Nationality Act 1981, which was brought into force with effect from January 1983, is based on principles which do not allow of any discrimination against women within the meaning of Article 1 as regards acquisition, change or retention of their nationality or as regards the nationality of theirchildren. The United Kingdom's acceptance of Article 9 shall not, how ever, be taken to invalidate the continuation of certain temporary or transitional provisions which will ctinue in force beyond that date."... "Article 11... "The United Kingdom reserves the right to apply all United Kingdom legislation and the rules of pension schemes affecting retirement pensions, survivors' benefits and other benefits in relation to death or retirement (including retirement on grounds of redundancy), whether or not derived from a Social Security scheme." "This reservation will apply equally to any future legislation which may modify or replace such legislation, or the rules of pension schemes, on the understanding that the terms of such legislation will be compatible with the United Kingdom's obligations under the " IV 8. HUMAN RIGHTS 11